Employee Rules of Conduct

How To Use

This Employee Rules of Conduct is effective only if properly communicated and promptly enforced. The process of disseminating and enforcing these kinds of rules intimidates most companies. This is understandable. But, in this litigious world, your company can be protected from many governmental and legal actions by making a concerted effort to get the word out and enforce the word promptly. We strongly recommend you leave the language in the Rules of Conduct that point a clear finger at governmental rules and regulations as a leading cause for you to enforce these rules. This approach not only removes the onus from you and your company, it also happens to be entirely true.

Prospective employees should read and be required to sign the Employee Rules of Conduct prior to being formally offered employment. The signed document should be permanently retained in the employee’s personnel file or other appropriate corporate records, as well as a copy given to the Employee. It can be a tricky matter to get current employees to sign these agreements. You can grandfather some in (in other words, not require it), but this is always a dangerous, though understandable policy. At a minimum, they should be given a copy and told this is the rule, whether they sign it or not.

Employers should review with their attorneys employment related forms such as this one prior to using them and periodically review them thereafter to ensure compliance with all laws and statutes. Employment law is becoming increasing complex and therefore ripe for litigation. This is an excellent area to do “well care” on a regular basis with your attorney.

Anytime this document or other policy is used or distributed, it should be noted that the employer may modify this policy or any other policy at any time. Although some believe these kinds of policies do not contractually “lock the company in,” we believe they do and that the more conservative approach is for you to always remember that they may lock you in. It only makes practical sense that any policy implemented by a company, and generally enforced, can be relied upon to some extent by the Employees. And this reliance may not just be between Company and Employee. It can be between violating Employee and other employees, especially in areas of discrimination, sexual harassment, and other infringement of personal liberty questions. All of this points to the need for vigilance and regular consultations with your attorney.

Keep a signed copy in the employee’s personnel file as well as a copy in a master folder, for reference should the need arise.